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  1. #11
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Light Duty Due to Accident at Work

    Pam was the job you were previously doing within the restrictions that your doctor put on you? IF the previous job you were doing was within the parameters of your restrictions then I would have to agree with SH and encourage you to file it as a discrimination for filing WC claim. Especially where you were 7 months post injury doing the same job.

    Given that this is finally Friday hopefully when your attorney returns to work Monday he will be able to help you over ride some of your ER's BS. I have combed through the CO WC statues and can NOT find anywhere that the WC commission addresses this issue. Surely you attorney will know the laws for CO and will be able to get you some relief from what clearly points to retaliation, IMO.

    Good luck to you. Keep us updated as this is something that other I's in CO will most likely at some point or another be faced with.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  2. #12
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Light Duty Due to Accident at Work

    ADA law requires reasonable accommodation to any medical work restrictions.
    No ADA does not require accommodation based on work restrictions...
    An individual with a disability is a person who:

    Has a physical or mental impairment that substantially limits one or more major life activities;
    Has a record of such an impairment; or
    Is regarded as having such an impairment.
    A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

    Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
    Job restructuring, modifying work schedules, reassignment to a vacant position;
    Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
    More facts on ADA here http://www.eeoc.gov/facts/fs-ada.html

  3. #13
    Join Date
    May 2011
    Posts
    14

    Default Re: Light Duty Due to Accident at Work

    My lawyer said that he thinks they are only referring to local appts. But I have been told over and over that this is illegal.

    ---------- Post added at 07:08 AM ---------- Previous post was at 07:04 AM ----------

    The job I was doing previously was easier than what I am doing now. I am on my feet for 8 hours a day constant walking and when I get home my hip joints hurt so badly. I am working more hours now then before I went to court.

  4. #14
    Join Date
    May 2011
    Posts
    14

    Default Re: Light Duty Due to Accident at Work

    I have since found out that the Dr that I am seeing has privileges at the hospital I work at. She told me that she feels that my back injury is not due to the falls that I had and therefore she will not even look at my back. I have been trying to get her to look at my back since the first accident and she keeps coming up with excuses not to and finally told me she does not think it is due to my falls.

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